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HomeMy WebLinkAbout2760 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 2760 AUTOMOBILE CLUB OF WASHINGTON (AAA) 5700 Kitsap Way Engineering ROW File Class LEG 16-3 $ 04/01/1986 12/31/2005 02/15/2007 GL AL E&O $2000000.00 $ $ Insurance Total Insurance Review Date $100000.00 06/01/2007 Vault 01/01/2007 LEASE AGREEMENT PART A - SIGNATURE FORM PARTIES THIS LEASE AGREEMENT entered into by and between the City of Bremerton, a municipal corporation duly organized and existing under the laws of the Stake of Washington, as Lessor (hereinafter referred to as "City") and Automobile Club of Washington (hereinafter referred to as "Lessee"); W I T N E S S E T H; 1. Premises. City is the legal owner of the following described real PlO'perry: [~ee attached Exhibit "A The City hereby leases to the Lessee, and the Lessee hereby leases from the City the above-described real property, together with all the rights, privileges, easements and appurtenances thereon (hereinafter referred to as the "Premises"), for the uses and purposes described hereJnbelow. 2. Uses and Purposes. Lessee shall have the use and occupancy of the Premises for the sole purpose of constructing a sidewalk, curbs, gutters, parking area and landscaped area, including maintance and for no other purpose. 3. Term. The term of this lease, shall be that of a year to year basis, commencing on Ap¥il 1~ 1%86 and perpetually renewed until and unless eith~ party gives the other a notice of termination 90 days prior to the yearly · anniversary date. Lessee shall abide by all of the terms and conditions of this lease and shall pay rent to the City as hereinafter set forth. 4. Rent. Lessee and Lessor agree rent for the premises shall be paid Lessor monthly on the first day of each month beginning a ri1 i 1986, .~p -- , at the rate of one hundred eight dollars and thirty-three cents ($108.33) per month. In the event that this lease shall be terminated prior to a full year period, any ~alance due and owing lessee shall be remitted for months during which this lease is not in force and effect. Lessee is responsible for payment of State lease hold on the rental amount currently at lZ.84% or as changed hereafter. 5. Insurance. During the term of this lease, the Lessee shall obtain and maintain ~ policy of public liability insurance in an amount of not less than Five Hundred Thousand Dollars ($§OO,O00.00) to include injury to, or loss of life of, any individual person; personal injuries suffered in each occurrence; and property damage suffered in each occurrence, which may be related to Lessee's occupancy of the above-described property. Said insurance shall also name the City of Breme~ton as an additional insured. 6. Agreement Contents. This lease consists of this Part A__ Signature Form, plus Part B General Terms and conditions, which, by this reference, are incorporated herein, and embody the entire agreement of the parties hereto. There are no other understandings or .agreements, written or oral, between the parties relating to the subject matter hereof. ?. Effectuation of Agreement. In order to be effective, this lease must be (1) signed by an authorized representative of the Lessee and returned to the City at the address set forth below, on or before , accompanied by any required policy of insurance, and (2) signed by the Mayor of the City of Bremerton, and the City Clerk pursuant to Ordinance authority. IN WITNESS WHEREOF, the parties hereto have affixed their Signatures below: THE CITY OF BREMERTON AUTO CLUB OF WASHINGTON Lessor Lessee By: By: ~/~ GENE LOBE PAUL G. HERRON Mayor President KATHLEEN L. MCCLUSKEY / STEVE MALLOS City Clerk Vice President City's Address for all Lessees's Address for Communications: al/ Communications Mayor, City of Bremerton Auto Club of Washington 239 Fourth Street 330 Sixth Avenue No. Sremerton, Wa. 98310 Seattle, WA 98109 EXHIBIT '.'A" DESCRIPTION Of lease property within the Kitsap Way Right of Way adjacent to portions of Lots 20 and 21, Block 1, Brentwood Park (Vol~e 5, P. age 6, plat records of Kitsap County, Washington) described as follows: Beginning at the northwest corner of said Lot 20 which bears S88°45!32"E, 495.70 feet from the northwest corner of Section T24N, RLE, W.M.; thence S88°45!32"E along the north line of said Lot 20, a distance of 31.08 feet to the NORTHEA.ST CORNER of said lease property on the northeast margin of Kltsap Way (formerly Primary State Highway 21 as revised in 1942); thence continuing along the north line of said Lot 20 S88°45'32"E 663.92 feet; thence S1°14128"W 358.39 feet; thence west parallel with the line common to said lots 20 and 21, a distance of 105.90 feet to the true point of beginning on the said northwest margin of Kitsap Way; thence continuing west parallel with the line common to said lots 20 and 21 to the intersection with the line offset 45.00 feet to the northeast from the centerltne of Kitsap Way (formerly Primary State Highway gl as revised in 1942); thence northwest along the line offset 45.00 feet to the northeast from the said centerline of Kitsap Way; thence Nl°14'28"E to said NORTHEAST CORNER of said lease property; thence southeast along the said northeast margin of Kitsap Way to the TRUE POINT OF BEGINNING. All of which is in accordance with the specific details concerning primary State Highway No. 21 (Kitsap Way), which are to be found within that certain map on file in the office of the Washington State Secretary of Transportation, entitled Primary State Highway No. 21, Bremerton to Kitsap Lake and bearing date of approval January 27, 1942. STATE OF WASHINGTON) COUNTY OF KITSAP ) ON THIS DAY personally appeared before me Gene Lobe and Kathleen L. McCluskey, to me personally known to be the Mayor and the City Clerk, respectively, of the City of Bremerton, a municipal corporation, that executed the foregoing instrument and acknowledged to me that they signed and sealed the same as the free and voluntary act and deed of said municipal corporation and on oath stated that they were authorized to execute said instrument and that the seal affixed is the seal of said municipal corporation. ~ ~Q ~IaT~~n~98 official seal this NOTARY PUBLI~ih and for the St~ngton residing at ~TATE OF WASHINGTON) OF KITSAP ) ON THIS DAY personally appeared me to me to be the person who executed and foregoing ;trument, and acknowledged to me he signed and sealed same as hls free and volunt act and deed, for the uses purposes therein mention, WITNESS HAND and offlcia this day of __ ~RY PUBLIC in and for the of Washington residing at STATE OF WASHINGTON ss COUNTY OF KITSAP ) ON DAY personally ~ared b~fore me to me to be the individual 3ed in and who executed within and foregoing ~trument, and acknowled that he signed and sealed the as his free and vo. y act and deed, for the uses ah~p~rposes there mentioned. WITNESS MY HAND and official seal this ~ day 198 / NOTARY PUBLIC in and for the State of Washington, residing at LEASE AGREEMENT PART B -- GENERAL TERMS AND CONDITIONS 1. LIMITATION ON USE/PURPOSE. Notwithstanding any other provisions herein, tile Lessee shall not enter into any sublease of the premises or any portion thereof or any assignment of any interest in this agreement, whether long or short term in nature, or engage in any activity with respect to or oil the premises other than the express use (s) and purpose (s) stipulated herein, without obtaining the prior explicit written authorization therefor from the Gity. 2. POSSESSION. In the event of the inability of the City to deliver possession of the premises, or any portion thereof, at the time of the commencement of the term of this lease, neithe~ the C~ty nor any of the City's officers, employees, or agents shall be liable for any damage caused thereby, nor shall this lease thereby become void or voidable, nor shall the term herein specified be in any way extended, but in such event, the Lessee shall not be liable for any rent until such time as the City can deliver possession. If the lessee shall take possession of the premises prior to the commencement date of this lease, the Lessee and the City agree to be bound by all of the provisions and obligations hereunder during such prior period. 3. LICENSE AND TAXES. The Lessee shall fulfill all fiscal obligations imposed by law or contract. Lessee shall also procure, at Lessee's sole expense, all approvals and permits in compliance with ~11 regulations, statutory and otherwise, of any governmental body. 4. LIABILITY. a. IndemnifJcat~on: The Lessee shall indemnify and hold the City harmless from any and all c/aims whatsoever arising out of the use and occupation of said premises including claims arising by reason of accident, injury or death caused to persons of property of any kind occurring by the fault or neglect of the Lessee, its officers, employees, agents, licensees, or ~nvitees, or occurring without tile fault of neglect of the City. b. Assumption of Risk: The placement and storage of personal property on said premises shall be the responsibility, and at the sole risk, of the Lessee. c. Insurance: During the term of this lease and any extension thereof, the Lessee shall secure and maintain a policy of standard form comprehensive general liability insurance with an insurance company licensed to do business in the State of Washington, providing protection and indemnification against any and al/ claims for injury to person or property or for loss of life, including the liability of the City for such to the Lessee and any of the Lessee's officers, employees and agents, and any liability of the Lessee as such to the City, /ts officers, employees and agents, arising out of or in connection with the occupancy and use of the Premises as well as any and al/ claims and risks in connection with any acts or omissions performed by Lessee by virtue of the rights granted pursuant to this lease. Said policy limits shall be in the amount of at least Five Hundred Thousand Dollars ($§00,000.00}. Said policy must specifically name the City of Bremerton as an additional insured party thereunder and must stipulate that the coverages provided by said policy shall not be terminated, reduced or otherwise changed in any respect without providing at least thirty (30) days prior written notice to the City. Notwithstanding any provisions herein to the contrary, the failure of the Lessee to comply with the provisions of this section shall subject this lease to immediate termination. d. Waiver of Subrogation: The City and the Lessee hereby grant to each other on behalf of themselves and any or al/ insurers providing insurance to either of them covering the premises or any portion thereof, a waiver of any right of subrogation any such insurer of one party may acquire against the other by virtue of payment' of any loss under such insurance. e. Adjustments of Claims: The Lessee shall provide for the prompt and efficient handling of all claims the activities of the Lessee under this Lease. The Lessee agrees that all such claims, whether processed by the Lessee or Lessee's insurer, either directly or by means of an agent, will be handled by a person with a permanent office in the Puget Sound area. 5. USE AND GARE OF PREMISES a. Landscape Maintenance Requirements: Lessee shall not allow to remain in the property being leased under this Agreement any tree trunk, limb, branch, fruit and foliage which is in such condition as to be hazardous to the public, and any such trees now existing in the subject area of this Lease may be removed in the manner provided by the City Engineer. No flowers, shrubs or trees shall be allowed to overhang or prevent the free use of the sidewalk or roadway or street maintenance activities, except that trees may extend over the sidewalk when kept trimmed to a height of eight feet (8~) above the same and fourteen feet {14') above a roadway. No trees shall be allowed to come in contact with telephone, telegraph, electric or power wires of public service companies of the City of Bremerton; provided, however, that such wires are twenty-five feet (25') above the level of the public place over which they pass. When the Glty Engineer shall find that trees are coming in contact with the wires of public Service companies or of the City of Bremerton, he may order the trees trimmed and if not trimmed within ten (10) days after service of written notice upon the Lessee, the City Engineer may issue a permit to the owners of the wires authorized them to trim such trees at their own expense. If the work be done by the owners of the wires, the City Engineer may accompany them and have charge of the work and the cost of supervision shall be borne by the owners of the wires. If any trees or shrubs planted on the subject property of this Lease are, or became, a hazard, the City Engineer may order the same removed and the Lessee shall pay In the event that any tree planted by the Lessee causes injury to the public sewers, sidewalks or pavement, the Lessee shall be liable for the damage done to the public sewers, sidewalks or pavement by said trees. No tree shall be planted within one foot (1') of any City sidewalk or pavement, except by special permit. b. General Gondition: The premises used exclusively by Lessee, shall at all times be kept in a nea~, clean, safe and sanitary condition, and kept and used in accordance with the laws of the State of Washington and Charter and ordinances of the Gity. The Lessee shall not permit any waste, damage, or injury to the premises. c. Maintenance Repairs: The premises have been inspected by both parties and are accepted by Lessee in their existing condition as of the commencement date of this lease, without reservation except for latent defects or faulty construction of the premises not discoverable by inspection at the time of taking possession. The City shall not be called upon to make any improvement or repair of any kind upon said premises. Al/ maintenance and repairs to Lessee's equipment and to the premises shall be the responsibility and at the sole expense of the Lessee. d. Alterations: The Lessee shall not make, or cause to be made, any alteration or improvement in said premises, other than that specified in Part A of this Agreement without the written consent of the City to such work. Lessor agrees to grant or deny such consent within ten (10) working days 'of Lessee's request.' Non-structural improvements may be made at Lessee's discretion. All alterations, additions and improvements which shall be made, shall be at the sole cost and expense of Lessee, and shall become the property of the Gity, and shall remain in and be surrendered with the premises as a part thereof at the termination of this lease. The City reserves an unqualified right to make alterations to the premises or to the building in which the premises are situated (1) where conditions exist which are deemed by the legislative e. Access: The City reserves for itself, its officers, employees, agents and contractors, free access to said premises at all reasonable times for the purpoeea of inspecting, cleaning or making repairs, additions or alterations to the premises or any other property owned by or under the control of the City, but this right shall not be construed as an agreement on the part of the City to make said inspections, clean or make repairs, additions or alterations. The Lessee shall have reasonable access to other property of the City where necessary to provide. utility services to the premises; all of the Lessee's work on such other City property shall be at the Lessee's sole expense. 6. RESTORATION OF LEASE PREMISES. Lessee covenants to Lessor that in the event that this Lease is terminated Lessee will return said property to the City of Bremerton and shall remove any improvements made on the right-of-way pursuant to the direction of the City Engineer. Lessee also agrees that appropriate set-back and parking requirements will be observed subsequent to termination of this Lease and the property will be restored to its original site plan on file in the Planning Department. Lessee shall pay all costs of removal of items directed to be removed by the City Engineer and shall pay all costs of restoring his parking lot to the conditions specified in the original site plan. 7. DAMAGE TO uTILITIES. Lessee shall be responsible for locating all existing utilities and shall not damage said utilities in the performance of any work. In the event that utilities, are damaged, Lessee shall pay the cost of restoring those utilities to the condition in which they were before being damaged by Lessee. 8. NON-DISCRIMINATION. The Lessee shall comply with all federal, state and local laws and ordinances prohibiting discrimination in employment with regard to age, sex, race, color, creed, national origin or physical or mental handicap, unless based upon a bona fide occupational 9. DAMAGE OR DESTRUCTION. In the event the premises are damaged by fire, earthquake, act of war, or other extraordinary casualty to such an extent as to render the same untenantable in whole or in substantial part thereof, or are destroyed, it shall be optional with the City to repair or rebuild' the same; and within forty-eight (48) hours after the happening of any such event, the Lessee shall give the City or City's agent notice thereof. The City shall have not more than sixty (60) days after the date of such notification to notify the Lessee in writing of the. City's intentions to repair or rebuild said premises, or any part.so damaged. If the City elects to repair or rebuild said premises, the City shall prosecute the work of such repairing or rebuilding without unreasonable delay, in accordance with the then existing City procedures. In the event the building in which the leased premises are located shall be substantially destroyed or damaged even though the leased premises shall not be damaged thereby, if in the opinion of the City it shall not be practical to repair or rebuild, then it shall be optional with the City to terminate this lease by providing written notice to the Lessee within sixty (60) days after such damage or destruction has been determined to be irreparable. If the City shall fail to give the notice aforesaid, the Lessee shall have the right to declare this lease terminated by written notice provided to the City. Notwithstanding any other provision herein, no party to this lease shall be liable in damages to any other party for termination of this lease because of the damage or destruction of the premises or the building in which the premises form a part, as described in this section. 10. NOTICES All notices to be given by either of the parties hereto to the other party shall be in writing and may either be delivered personally or may be. deposited in the United States Mail, postage prepaid, as either certified or regular mail, addressed as specified in Part A hereof, or to such other respective addresses as Notices sent bM mail shall be deemed to have been given when properly mailed; the postmark affixed by the United States Post Office shall be conclusive evidence of the date of mailing. 11. RELATIONSHIP In no event shall the City be construed, or held to have become in any way or for any purpose a partner, associate, or joint venturer of the Lessee or any party associated with the Lessee in the conduct of the Lessee's business or otherwise. This lease does not constitute 'the Lessee the agent or legal representative of the Gtty for any purpose whatsoever. 12. AMENDMENTS The parties hereto expressly reserve the right to renegotiate the provisions hereof, including the term of this lease, from time to time as may be necessary and to amend this lease accordingly; provided, however, that no alteration or modification of the terms or conditions hereof shall be valid and binding unless made in writing and signed by the authorized representatives of the parties hereto. 13. WAIVER OF DEFAULT No waiver of default by either party of any of the terms, covenants and conditions hereof to be performed, kept and observed by the other party shall be construed as, or operate as, a waiver of any subsequent default of any of the terms, covenants and conditions herein contained, to be performed, kept-and observed by the other party. 14. TERMINATION In the event that the Lessee defaults in- the performance of any terms, provisions, covenants and agreements on the Lessee's part to be kept, observed and performed, and such default is not corrected within thirty (30) days after the ~eceipt of notice thereof from the City, or such shorter period as may be reasonable under the circumstances; or if the Lessee shall abandon, desert, vacate or remove from the premises; or if the Lessee. shall file a petition in bankruptcy; or if the Lessee shall be adjudicated a bankrupt after the filing of an involuntary petition in bankruptcy: or if the Lessee shall take or the Lessee shall enter into an agreement of composition with the Lessee~s creditor~s: then, in such event, the City, at its option at any time thereafter, may terminate this lease together with all of the estate, right, and title thereby granted to or vested in the Lessee, by giving thirty (3~) days' notice in writing of such election, by certified mail addressed to the Lessee at the address specified in Part A hereof, and at the expiration of such thirty (30) day period, the lease and all of the estate, right, title and interest thereby granted to or vested in the Lessee shall then cease and terminate, and the City may re-enter said premises using such force as may be required. The legislative authority shall have the right to determine on the City's behalf the existence of any default in performance or other breach or violation of the terms and conditions hereof on the part of the Lessee. Either party may terminate this Lease, without cause, upon ninety (90) days' written notice to the other. 15. SURRENDER OF PREMISES. At the expiration or termination of this lease, including any extensions thereof, the Lessee shall quit and surrender said premises and shall deliver them to the City of Bremerton in a manner satisfactory to the City of Engineer, with all improvements having been removed as directed by the City Engineer. 15. ADJUDICATION. This lease shall be construed under all of the applicable laws, statutes, ordinances, rules and regulations of the United States, the '\ State of Washington, County of Kltsap, and the City of Bremerton. In the case of a dispute between the parties, venue'over such dispute shall be with the Superior Court of Kitsap County, Washington. 17. BINDING EFFECT. This lease shall be binding upon the heirs, successors, assigns and all other ~art!es legally empowered with signatory rights of any or all of the parties hereto. 18. INVALIDITY OF PROVISIONS Should any effect any other term, provision, condition or other portion of this lease: and the remainder of this lease shall be effective as if such term, provision, condition or portion had not been contained herein. STATE OF WASHINGTON ) ) ss. County of King ) I certify that I know or have satisfactory evidence that Paul G. Herron and Steve Mallos signed this instrument, on oath stated that they are authorized to execute the instrument and acknowledge it as the President and Vice President of the Automobile Club of Washington to be the free and voluntary act of such parties for the uses and purposes mentioned in this instrument. Dated March 7, 1986. Not~/~ P~b']Tic / ' My~?ommission expires 3-8-8? CONCOMITANT ZONING AGREEMENT WHEREAS, the City of Bremerton, Washington, (hereinafter referred to as "City"), a first class city under the laws of the State of Washington, has authority to enact laws and enter into agreements to promote the health, safety and welfare of its citizens, and thereby control the use and development of property within its jurisdiction; and WHKREAS, the City, pursuant to the terms of Ordinance No. 3709, has reclassified as B-2 the property more particularly described in Exhibit "B" attached hereto and incorporated herein by this reference; and WHEREAS, the above-described property is within the City's jurisdiction; and WHEREAS, the City, pursuant to RCW 45.21C, the State Environmental Policy Act is required to mitigate any adverse impacts which might result from development of this property; and WHEREAS, the owners (hereinafter referred to as "AAA") of the property which is more particularly described in Exhibit "B" have indicated a willingness to cooperate with the City of Bremerton to ensure compliance with the Bremerton Zoning Ordinance, and all other local, state and federal laws relating to the use and development of the property; and WHEREAS, the City, in addition to civil and criminal sanctions available by law, desires to enforce the rights and interests of the public by this Concomitant Agreement; and WHEREAS, AAA has recently acquired title to the property described in Exhibit "B" and wishes to modify the development conditions imposed on the development nor this property under Ordinance No. 3946; NOW, THEREFORE, in the event that the City allows AAA to modify the conditions imposed on the deevlopment of this property as proposed in Resolution No. 764, in consideration of that event, AAA agrees that: 1. This change in land use restrictions is subject to the various requirements contained in the Eremerton Area Plan, the Bremerton Zoning Ordinance, the Uniform Building Code and other applicable laws and regulations. It is the responsibility of the developer to assure compliance with the applicable provisions contained herein. 2. The site shall be developed as specified in the site plan labelled Exhibit "A" except as modified to meet conditions of approval listed herein. Exhibit "A# is annexed to this Ordinance. 3. Any changes, revisions or additions which constitute a significant departure from the approved site plan shall require approval of an application for Change In Land Use Restriction. 4. Use of the site]shall be limited to business and professional offices, and residential use. Business uses which include other than incidental retail or wholesale transactions, whether accomplished on or off site, shall not be allowed. 5. Prior to the issuance of any grading permits, the developer shall: (a) Obtain City Engineering Department approval for sanitary sewer connection; (b) Obtain approval of the Fire Department for removal of the existing building and fuel tanks. (c) Obtain approval of the Engineering Department for provisions for temporary soil stabilization during construction. 6. Prior to the issuance of any building permits, the developer shall submit and obtain approval of responsible City departments for a site plan which includes: (a) Location of a new fire hydrant on an adequate sized water main subject to Fire Department specifications. (b) Landscaping as follows: i. Along Kitsap Ways an area of no less than fifteen feet (15') wide as follows: ii. Evergreen and deciduous trees, with no more than 50% being deciduous, a minimum of six feet (6') in height and planted at intervals of no greater than thirty feet (30') on center; and iii. Earth mounding, an average of 3.5' in height, planted with shrubs or living ground cover so that the ground will be covered within three (3) years. iv. Within an area fifteen feet (15') from intersections of each driveway and the edge of the street pavement, landscaping and screening described shall consist of plant materials which will cover the ground within three (3) years and which will not exceed three feet (3') in height, to provide visual relief where clear sight is necessary for safe access. Trees are also permitted if the trunks are free of branches below seven feet (7') in height. v. Where trees overhang a sidewalk there shall be at least six vertical feet (6') of free sight clearance. vi. Within the Kitsap Way right-of-way in the area between the roadway and sidewalk pavement and any accessory parking located within said right-of-way, landscaping, and berming as directed by the Planning Director. Said landscaping and berming shall be developed and approved so that the parking area shall be generally screened and the view from off the pr~mises shall be softened by the landscaping. vii. Before commencing to use City right-of-way along Kitsap Way for parking and landscaping puproses, AAA must enter into a. revocable lease agreement with the City. (c) Signs limited as follows: i. One freestanding sign limited to an area of fifty square feet (50') and ten feet (10') in height and placed so as not to interfere with safe pedestrian or vehicular access. ii. One wall-mounted sign limited to one hundred forty square feet (140'). iii. Sign information shall pertain only to uses on the site. (d) Exterior lighting which does not iloodlight the building facade nor directly illuminate adjacent uses. (e) Parking according to the following requirements: i. Medical offices: five (5) spaces per doctor. ii. 'Other offices: one space per 350 square feet of gross floor area. iii. Dwelling units: one designated space per unit. iv. Up to 50% of the required office parking may be provided off-site consistent with the Joint Use Sections of 712-713 of the Bremerton Zoning Ordinance. (f) Bicycle parking spaces consistent with the Bremerton Planning Commission's 1981 Adopted Bicycle Parking Standards. Cg) Provisions for erosion control and storm water retention and controlled outflow to Engineering Department specifications. (h) Energy conserving site and building design. (i) Placement of all utilities serving the subject site underground where feasible. 7. Prior to the issuance of an occupancy permit to mitigate impacts on public facilities directly resulting from this development, the developer shall~ a. Construct a Portland concrete cement sidewalk, curb and gutter along the entire Kitsap Way frontage to Engineering Department specifications and provide legal assurances, subject to approval of the City Attorney, sufficient to guarantee construction of said facilities if development and improvement plans for this portion of Kitsap Way are not finalized by the City. The location of said sidewalk shall be determined by the City Engineer. b. Construct a center turn lane on Kitsap Way fronting the subject site to Engineering Department specifications. c. Provide a performance assurance device for 110% of the estimated cost of landscaping to be performed, whereby the property owner will provide the City with a non-revocable notarized agreement granting the City and its agents the right to. enter the property and perform any required work remaining undone at the end of one year after issuance of a Certificate of Occupancy. d. Provide a maintenance assurance device for at least Ten Percent (10%) of the replacement cost of landscaping materials, whereby the property owner will provide the City with a non-revocable notarized agreement granting the City and its agents the right to enter the property and replace any unhealthy or dead plant materials for a period of one year from isuance of a Certificate o~ Occupancy. e. Remove and replace any exisitng power poles if necesary to develop the site as required. f. Comply with all requirements lister above. 8. AAA shall hook up to the City's sanitary sewer system within thirty (30) days of any such request by the City and shall pay all costs thereof. 9. This Agreement shall be recorded in the office of the Kitsap County Auditor and the covenants shall be deemed to attach and run with the property and shall be binding on the owners, their heirs, successors and assigns, and shall apply to any after acquired title of the owners of the property. 10. Any amendment or modifications of this Agreement shall only be valid if mutually agreed upon by the City of Bremerton and the owners, (including heirs, successors and assigns to the owners) in mriting and recorded with the Kitsap County Auditor. 11. In addition to all other remedies available to the City by law, the City reserves the right to initiate proceedings to revoke the rezoning of the property should.the owners fall to comply with any of the terms and conditions of this Agreement. 12. The City may, at its discretion, institute and prosecute any proceeding at law or in equity to enforce this Agreement. 13. Nothing in this Agreement shall be construed to restrict the authority of the City to exercise its power to rezone the property in future years. 14. The owners agree to indemnify and hold harmless the City of Bremerton from and against all claims, suits, damages, costs, losses and expenses in any manner resulting from, arising out of, or connected with the owner's negligent performance of or failure to perform fully any term or condition of this Agreement. The City shall not be liable to the owners, or any other party, for any claim whatsoever arising in connection with this agreement except for negligence solely and entirely the fault of the City. 15. This Agreement shall be binding on the heirs, assigns and successors of the owners of the property. 16. In the event that any term or clause of this Agreement conflicts with applicable law, such conflicts shall not affect other terms of this Agreement which can be given.effect without the conflicting term or clause and, to this end, the terms of this Agreement are declared to be severable. DATED this 14th day of February , 1986. The person(s) whose names are subscribed herein do hereby certify that they are the sole holders of fee simple interest in the above described property: o NE s: .-'"--,J' // President Automobile Club of Washington Approved as to ~o~m~ ~ C£t7 Atto~7 SUBSCRIBED AND SWORN to before me this ...... day of ..... ~ 1986. NOTARY PVBLIC, in and for the State of Washington, residin9 at Bremer ton. F. XH~B~T A " ~ ~ SZTE PLAIt 8~03200060 ' , [i[[[335Fli 427 EXHIBIT B PARCEL A: That portion of Lot 20, Block 1, Brentwood Park, as per. plat recorded in Volume 5 of Plats, pase 6, records of Kitsap County, described as follows: Commencing at the Northwest corner of said Lot 20; thence South 88°45'32'' East along the North line of said Lot 20, a distance of 380.00 feet to the true point of beginning;o thence continu~ South Sg 45'32" East, a distance of 315.00 feet; thence South 1 14'28" West a distance of 233.39 feet; thence West parallel to the South line of said Lot 20, to the Northwesterly margin of State Highway No. 21; thence Northwesterly along said margin 225 feet, more or less, to a point which is South 26°28'56'' West from the true point of beginning; thence North 26o28'56'' East 96.84 feet to the true point of beginning; Situate in City of Bre~erton, Kitsap County, Washington. PARCEL B: That portion of Lots 20 and 21, Block 1, Brentwood Park, as per plat recorded in Volume 5 of Plats, page 6, records of Kitsap County, described as follows: Beginnin~ at the Northwest corner of said Lot 20; running thence South 88 45'32" East along the Northerly line of said Lot 20, a distance of 695 feet; thence South l°14'28'' Wast 233.39 feet to the true point of beginning of the tract herein described; thence continuing South l°14'28"West 125 feet; thence West 100 feet, more or less, to the Easterly margin of State Highway No. 21; thence Northwesterly along the Easterly margin of said highway, 153 feet, more or less, to intersect a line drawn due West from the true point of beginning; thence due East to the true point of beginning; Situate in City of Bremerton, Kitsap County, Washington. PARCEL C: That portion of Lot 20, Block 1, Brentwood Park, as per plat recorded in Volume 5 of Plats, page 6, records of Kitsap County, described as follows: Beginning at the Northwest corner of said Lot 20; thence South 88°45'32'' East along the North line of said Lot 20, a distance of 380600 feet; thence South 26 28'56" West a distance of 96.84 feet~ more or less, to the North margin of Primary State Highway No. 21; thence Northwesterly along the margin of Primary State Highway No. 21, a distance of 354.50 feet, more or less, to the point of beginning; Situate in City of Bremerton, Kitsap County, Washington. t Client#: 1263026 AAAWASHI ACORDT. CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/24/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Kibble& Prentice,a USI Co CLac, ,Ext):N o 206 441-6300 FAX 601 Union Street,Suite 1000 E-MAIL (A/C,Na): 610-362-8530 Seattle,WA 98101 ADDRESS: INSURER(S)AFFORDING COVERAGE I NAIC# INSURER A:Continental Western Insurance C 110804 INSURED INSURER B: AAA Washington INSURER C: Cca JJ,"J\!VX\/i'/� _ 1745 114th SE INSURER D: / Bellevue,WA 98004 . INSURER E: I<. INSURER F: I.V. COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. • LTR TYPE OF INSURANCE NSR WVD ADDL R POLICY NUMBER _(MM/DD/YYYY) (MM/DD//YY YYY) LIMITS A GENERAL LIABILITY X X CWP6008253+�,', 06/01/2015 06/30/2015 EACH OCCURRENCE $1,000,000 1( COMMERCIAL GENERAL LIABILITY DAMAGETO occurrence) $1,000,000 I CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 X WA STOP GAP PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 _ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 _ POLICY PRO- JECT LOC Stop Gap $1,000,000 A AUTOMOBILE LIABILITY CWP6008253" 06/01/2015 06/30/2015 COMBIaccideNEDnt)SINGLE LIMIT �1,000,000 (Ea X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) $ A x UMBRELLA LIAB X OCCUR X CU6008254 • 06/01/2015 06/30/2015 EACH OCCURRENCE $15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $15,0000 I DED RETENTION$ $ WORKERS COMPENSATION i WC STATU- OTH- AND EMPLOYERS'LIABILITYY/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE l E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) - i E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) . RE:Verification of Insurance. CERTIFICATE HOLDER CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City Of Bremerton THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 239 4th Street ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton,WA 98337 AUTHORIZED� REPRESENTATIVE �a.w40 ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S15632550/M15630843 MDKZP COMMERCIAL GENERAL LIABILITY CL CG 00 13 08 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY PLATINUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. MEDICAL PAYMENTS If SECTION I -COVERAGE C MEDICAL'PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit provided by this policy, subject to the terms of SECTION III - LIMITS OF INSURANCE, shall be the greater of: a. $10,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If damage to premises rented to you under Coverage A. is not otherwise excluded from this policy, the following applies: 1. The last paragraph of SECTION I -COVERAGE A.2. Exclusions is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. 2. Paragraph 6. of SECTION III - LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, the greater of: a. $300,000; or b. the Damage To Premises Rented To You Limit shown in the Declarations; is the most we will pay under COVERAGE A for damages because of"property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner. 3. Paragraph 4.b.(1)(a)(ii) Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced.by the following: (ii) That is Fire, Lightning,i; Explosion, Smoke or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; 4. Paragraph 9.a. of SECTION V-DEFINITIONS is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; ii CL CG'00 13 08 13 Includes copyrighted material of Insurance Services Page 1 of 6 Office, Inc.with its permission C. LIMITED NON-OWNED WATERCRAFT 1. Paragraph g.(2) of SECTION I - COVERAGE A.2. Exclusions is deleted and replaced by the following: A watercraft you do not own that is: a. Less than 51 feet long; and b. Not used to carry persons or property for a charge. D. SUPPLEMENTARY PAYMENTS SECTION I -SUPPLEMENTARY PAYMENTS -COVERAGES A AND B is amended as follows: 1. The limit of insurance in paragraph 1.b. is increased from $250 to $2,500; and 2. The limit of insurance in paragraph 1.d. is increased from $250 to$500. E. AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS - PRIMARY NON-CONTRIBUTORY The following is added to Paragraph 2. of SECTION II -WHO IS AN INSURED: e. Any person or organization described below, when you are obligated by virtue of a written contract or agreement that such person be added as an additional insured on your policy. When required by virtue of a written contract or agreement, coverage provided to any additional insured will be on a primary basis and will not seek contribution from the additional insured's policy. Only the following persons or organizations are additional insureds under this endorsement: (1) Managers Or Lessors Of Premises. The manager or lessor of a premise leased to you, but only with respect to liability arising from the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any"occurrence"which takes place after you cease to be a tenant of that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (2) Lessor Of Leased Equipment. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s)or organization(s). However, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. (3) Vendors. Any person or organization, but only with respect to "bodily injury" or "property damage" arising out of "your products" shown in the Schedule which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: a. The insurance afforded the vendor does not apply to: 1. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that.the vendor would have in the absence of the,contract or agreement; 2. Any express warranty unauthorized by you; 3. Any physical or chemical change in the product made intentionally by the vendor; CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 2 of 6 Office, Inc.with its permission 4. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; 5. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; 6. Demonstration, installation, servicing or repair operations, except such operations performedat the vendor's premises in connection with the sale of the product; 7. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. b. This insurance does not'apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. (4) State Or Political Subdivision - Permits Or Authorizations Relating To Premises. Any state or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. When required by virtue of a written contract or agreement, coverage provided to any additional insured AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS - PRIMARY NON-CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy. F. BROADENED NAMED INSURED -NEWLY ACQUIRED 180 DAYS Paragraph 3. of SECTION II-WHO IS AN INSURED is deleted and replaced by the following: Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership or majority interest of more than 50% will be a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. b. COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. c. COVERAGE B does not apply to "personal and advertising injury" arising out of an offense • committed before you acquired or formed the organization. G. AGGREGATE LIMITS OF INSURANCE The General Aggregate Limit under SECTION III - LIMITS OF INSURANCE applies separately to each of your: CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 3 of 6 Office,Inc.with its permission 1. Projects away from premises owned by or rented to you. 2. "Locations"owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. When paragraph B. Construction Project General Aggregate Limit on form CL CG 00 20 is a part of this policy, then paragraph G. Aggregate Limits of Insurance of this endorsement does not apply. H. KNOWLEDGE OF OCCURRENCE The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: e. A report of an "occurrence", offense, claim or"suit"to: (1) You, if you are an individual, (2) A partner, if you are a partnership, (3) An executive officer, if you are a corporation, or (4) A manager, if you are a limited liability company; is considered knowledge and requires you to notify us of the "occurrence", offense, claim, or"suit"as soon as practicable. f. We are considered on notice of an "occurrence", offense, claim or "suit" that is reported to your Workers' Compensation insurer for an event which later develops into an "occurrence", offense, claim or "suit" for which there is coverage under this policy. However, we will only be considered on notice if you notify us as soon as you know the claim should be addressed by this policy rather than your Workers' Compensation policy. I. UNINTENTIONAL OMISSIONS The following is added to paragraph 6. Representations of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: d. If you unintentionally fail to disclose any exposures existing at the inception date of your policy, we will not deny coveragei under this Coverage Part solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. This provision does not apply to any known injury or damage which is excluded under any other provision of this policy. J. MENTAL ANGUISH Paragraph 3.of SECTION V-DEFINITIONS is deleted and replaced by the following: 3. "Bodily injury" means bodily injury,sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. K. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following: We waive any right of recovery we may have because of payments we make for "bodily injury" or "property damage" arising out of your ongoing operations or "your work" done under a contract requiring such waiver with that person or organization and included in the "products-completed operations hazard". However, our rights may only be waived prior to the "occurrence" giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 4 of 6 Office, Inc.with its permission • Paragraph K.WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST.OTHERS does not apply if another waiver of transfer of rights of recovery against others is endorsed separately to this policy. L. OTHER INSURANCE When Coverage applies in this General Liability Enhancement Endorsement, no other coverage or limit of insurance in the policy applies to loss or damage insured by this coverage. M. NON-EMPLOYMENT DISCRIMINATION!'LIABILITY(DEFENSE WITHIN LIMITS) The following is added to paragraph 14. "Personal and advertising injury" SECTION V - DEFINITIONS of COMMERCIAL GENERAL LIABILITY COVERAGE FORM: h. Non-employment discrimination. Non-employment discrimination means ';violation of a person's civil rights with respect to such person's race, color, national origin, religion, gender, marital status, age, sexual orientation or preference, physical or mental condition, or any other protected class or characteristic established by any federal, state or local statutes, rules or regulations. Non-employment discrimination does not include violation of civil rights arising out of past, present or prospective employment. Our obligation under the Personal and Advertising Injury Liability Coverage to pay non- employment discrimination liability damages on your behalf applies only to the amount of damages in excess of$5,000 deductible as the result of any one offense regardless of the number of persons or organizations who sustain damages because of the offense. The most we will pay for all damages for non-employment discrimination is $15,000 annual aggregate. No other liability to pay sums or perform acts or services is covered. Supplemental Payments - Coverages A and B do not apply to non-employment discrimination coverage. N. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS OR OTHERS-AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY 1. SECTION II -WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when you are obligated by virtue of a written contract or agreement that such person or organization be added as an additional insured on your policy. Such person„or organization is an additional insured only with respect to liability for"bodily injury”, "property damage" or"personal and advertising injury" caused by your ongoing operations for the additional insured and only to the extent that such "bodily injury", "property damage" or "personal and advertising injury" is caused by your negligence or the negligence of those performing operations on your behalf. This insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" included within the"products-completed operations hazard". This insurance does not apply to any additional insured scheduled on your policy by separate endorsement 2. Limits of Insurance Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of_a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. 3. Exclusions A. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of: • 1. The rendering of or failure to render any professional services by you or on your behalf, but only with respect to either or both of the following operations: CL CO 00 13 08 13 Includes copyrighted material of Insurance Services Page 5 of 6 Office,Inc.with its permission • a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 2. Subject to Paragraph 3. below, professional services include: a. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and b. Supervisory or inspection activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your ongoing operations. B. "Bodily injury"or"property damage"occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 4. Primary Non-Contributory When required by virtue of a written contract or agreement, coverage provided to any additional insured by ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - ONGOING OPERATIONS - AUTOMATIC, INCLUDING PRIMARY NON CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy. CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 6 of 6 Office,Inc.with its permission • Client#:1263026 AAAWASHI ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 6/24/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Kibble&Prentice,a USI Co CL PHONE FAx 601 Union Street,Suite 1000 (AIC,No,Ext):206 441-6300 (A/C,No); 610-362-8530 IL ADDRESS: Seattle,WA 98101 INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:Continental Western Insurance C 110804 INSURED INSURER B: AAA Washington INSURER c: 1745 114th SE INSURER D: Bellevue,WA 98004 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. •NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MM/DD/YYYY)JMM/DD/YYYY LIMITS A GENERAL LIABILITY X X CWP6008253 06/30/2015 06/30/201 EACH OCCURRENCE $1 000 000 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES(Ea occurrence) $1,000,000 CLAIMS-MADE X OCCUR MED EXP(Any one person) $10,000 WA STOP GAP PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $2,000,000 POLICY JERCOT- LOC Stop Gap $1,000,000 A AUTOMOBILE LIABILITY X X CWP6008253 06/30/2015 06/30/2016 COMBIaccideNEDnt)SINGLE LIMIT $1�000e 000 (Ea X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS © NON-OWNED PROPERTY DAMAGE AUTOS (Per accident) A X UMBRELLA LIAB X OCCUR CU6008254 06/30/2015 06/30/20161 EACH OCCURRENCE $15,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $15,000,000 DED RETENTION$ $ WORKERS COMPENSATION WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N TORY LIMITS ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? r N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,if more space is required) RE:Verification of Insurance. CERTIFICATE HOLDER CANCELLATION City Of Bremerton SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 239 4th Street ACCORDANCE WITH THE POLICY PROVISIONS. Bremerton,WA 98337 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S15632623/M15630860 MDKZP COMMERCIAL GENERAL LIABILITY CL CG 00 13 08 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL LIABILITY PLATINUM ENDORSEMENT This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. MEDICAL PAYMENTS If SECTION I -COVERAGE C MEDICAL PAYMENTS is not otherwise excluded from this Coverage Part: 1. The Medical Expense Limit provided by this policy, subject to the terms of SECTION HI -LIMITS OF INSURANCE, shall be the greater of: a. $10,000; or b. The Medical Expense Limit shown in the Declarations of this Coverage Part. B. FIRE, LIGHTNING, EXPLOSION, SMOKE AND SPRINKLER LEAKAGE DAMAGE TO PREMISES YOU RENT If damage to premises rented to you under Coverage A. is not otherwise excluded from this policy, the following applies: 1. The last paragraph of SECTION I -COVERAGE A.2. Exclusions is deleted and replaced by the following: Exclusions c. through n. do not apply to damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in SECTION III - LIMITS OF INSURANCE. 2. Paragraph 6. of SECTION III - LIMITS OF INSURANCE is deleted and replaced by the following: 6. Subject to Paragraph 5. above, the greater of: a. $300,000; or b. the Damage To Premises Rented To You Limit shown in the Declarations; is the most we will pay under COVERAGE A for damages because of"property damage" to any one premises, while rented to you or temporarily occupied by you with the permission of the owner. 3. Paragraph 4.b.(1)(a)(ii) Other Insurance of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is deleted and replaced by the following: (ii) That is Fire, Lightning, Explosion, Smoke or Sprinkler Leakage insurance for premises rented to you or temporarily occupied by you with the permission of the owner; 4. Paragraph 9.a. of SECTION V-DEFINITIONS is deleted and replaced by the following: a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning, explosion, smoke or sprinkler leakage to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 1 of 6 Office, Inc.with its permission C. LIMITED NON-OWNED WATERCRAFT 1. Paragraph g.(2) of SECTION I - COVERAGE A.2. Exclusions is deleted and replaced by the following: A watercraft you do not own that is: a. Less than 51 feet long; and b. Not used to carry persons or property for a charge. D. SUPPLEMENTARY PAYMENTS SECTION I -SUPPLEMENTARY PAYMENTS -COVERAGES A AND B is amended as follows: 1. The limit of.insurance in paragraph 1.b. is increased from $250 to$2,500; and 2. The limit of insurance in paragraph 1.d. is increased from $250 to$500. E. AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS - PRIMARY NON-CONTRIBUTORY The following is added to Paragraph 2.of SECTION II -WHO IS AN INSURED: e. Any person or organization described below, when you are obligated by virtue of a written contract or agreement that such person be added as an additional insured on your policy. When required by virtue of a written contract or agreement, coverage provided to any additional insured will be on a primary basis and will not seek contribution from the additional insured's policy. Only the following persons or organizations are additional insureds under this endorsement: (1) Managers Or Lessors Of Premises. The manager or lessor of a premise leased to you, but only with respect to liability arising from the ownership, maintenance or use of that part of the premises leased to you and subject to the following additional exclusions: This insurance does not apply to: (a) Any"occurrence"which takes place after you cease to be a tenant of that premises. (b) Structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (2) Lessor Of Leased Equipment. Any person or organization from whom you lease equipment, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s)or organization(s). However, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. (3) Vendors. Any person or organization, but only with respect to "bodily injury" or "property damage" arising out of "your products" shown in the Schedule which are distributed or sold in the regular course of the vendor's business, subject to the following • additional exclusions: a. The insurance afforded the vendor does not apply to: 1. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; 2. Any express warranty unauthorized by you; 3. Any physical or chemical change in the product made intentionally by the vendor; CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 2 of 6 Office, Inc.with its permission 4. Repackaging, unless unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container; 5. Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products; 6. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; 7. Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor. b. This insurance does notr apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. (4) State Or Political Subdivision - Permits Or Authorizations Relating To Premises. Any state or political subdivision, subject to the following additional provision: This insurance applies only with respect to the following hazards for which the state or political subdivision has issued a permit in connection with premises you own, rent, or control and to which this insurance applies: (a) The existence, maintenance, repair, construction, erection, or removal of advertising signs, awnings, canopies, cellar entrances, coal holes, driveways, manholes, marquees, hoist away openings, sidewalk vaults, street banners, or decorations and similar exposures; or (b) The construction, erection, or removal of elevators; or (c) The ownership, maintenance, or use of any elevators covered by this insurance. Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. When required by virtue of a written contract or agreement, coverage provided to any additional insured AUTOMATIC ADDITIONAL INSURED - SPECIFIED RELATIONSHIPS - PRIMARY NON-CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy. F. BROADENED NAMED INSURED-NEWLY ACQUIRED 180 DAYS Paragraph 3. of SECTION II -WHO IS AN INSURED is deleted and replaced by the following: Any organization you newly acquire or form, other than a joint venture, and over which you maintain ownership or majority interest of more than 50% will be a Named Insured if there is no other similar insurance available to that organization. However: a. Coverage under this provision is;afforded only until the 180th day after you acquire or form the organization or the end of the policy period, whichever is earlier. b. COVERAGE A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization. c. COVERAGE B does not apply to "personal and advertising injury" arising out of an offense committed before you acquired or formed the organization. G. AGGREGATE LIMITS OF INSURANCE The General Aggregate Limit under SECTION III - LIMITS OF INSURANCE applies separately to each of your: CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 3 of 6 Office, Inc.with its permission 1. Projects away from premises owned by or rented to you. 2. "Locations"owned by or rented to you. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad. When paragraph B. Construction Project General Aggregate Limit on form CL CG 00 20 is a part of this policy, then paragraph G.Aggregate Limits of Insurance of this endorsement does not apply. H. KNOWLEDGE OF OCCURRENCE The following is added to paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS: e. A report of an "occurrence", offense, claim or"suit"to: (1) You, if you are an individual, (2) A partner, if you are a partnership, (3) An executive officer, if you are a corporation, or (4) A manager, if you are a limited liability company; is considered knowledge and requires you to notify us of the "occurrence", offense, claim, or"suit"as soon as practicable. f. We are considered on notice of an "occurrence", offense, claim or "suit" that is reported to your Workers' Compensation insurer for an event which later develops into an "occurrence", offense, claim or "suit" for which there is coverage under this policy. However, we will only be considered on notice if you notify us as soon as you know the claim should be addressed by this policy rather than your Workers' Compensation policy. I. UNINTENTIONAL OMISSIONS The following is added to paragraph '6. Representations of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS: d. If you unintentionally fail to disclose any exposures existing at the inception date of your policy, we will not deny coverage under this Coverage Part solely because of such failure to disclose. However, this provision does not affect our right to collect additional premium or exercise our right of cancellation or non-renewal. This provision does not apply to°any known injury or damage which is excluded under any other provision of this policy. J. MENTAL ANGUISH Paragraph 3. of SECTION V-DEFINITIONS is deleted and replaced by the following: 3. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these at any time. K. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS is amended by the addition of the following: We waive any right of recovery we may have because of payments we make for "bodily injury" or "property damage" arising out of your ongoing operations or "your work" done under a contract requiring such waiver with that person or organization and included in the "products-completed operations hazard". However, our rights may only be waived prior to the "occurrence"giving rise to the injury or damage for which we make payment under this Coverage Part. The insured must do nothing after a loss to impair our rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce those rights. CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 4 of 6 Office, Inc.with its permission Paragraph K.WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS does not apply if another waiver of transfer of rights of recovery against others is endorsed separately to this policy. L. OTHER INSURANCE When Coverage applies in this General Liability Enhancement Endorsement, no other coverage or limit of insurance in the policy applies to loss or damage insured by this coverage. M. NON-EMPLOYMENT DISCRIMINATION LIABILITY(DEFENSE WITHIN LIMITS) The following is added to paragraph 14. "Personal and advertising injury" SECTION V - DEFINITIONS of COMMERCIAL GENERAL LIABILITY COVERAGE FORM: h. Non-employment discrimination. Non-employment discrimination means violation of a person's civil rights with respect to such person's race, color, national origin, religion, gender, marital status, age, sexual orientation or preference, physical or mental condition, or any other protected class or characteristic established by any federal, state or local statutes, rules or regulations. Non-employment discrimination does not include violation of civil rights arising out of past, present or prospective employment. • Our obligation under the Personal and Advertising Injury Liability Coverage to pay non- employment discrimination liability damages on your behalf applies only to the amount of damages in excess of$5,000 deductible as the result of any one offense regardless of the number of persons or organizations who sustain damages because of the offense. The most we will pay for all damages for non-employment discrimination is $15,000 annual aggregate. No other liability to pay sums or perform acts or services is covered. Supplemental Payments - Coverages A and B do not apply to non-employment discrimination coverage. N. ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS OR OTHERS-AUTOMATIC, INCLUDING PRIMARY NON-CONTRIBUTORY 1. SECTION II -WHO IS AN INSURED is amended to include as an additional insured any person or organization for whom you are performing operations when you are obligated by virtue of a written contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for"bodily injury", "property damage" or"personal and advertising injury" caused by your ongoing operations for the additional insured and only to the extent that such "bodily injury", "property damage" or "personal and advertising injury" is caused by your negligence or the negligence of those performing operations on your behalf. This insurance does not apply to "bodily injury", "property damage", "personal and advertising injury" included within the"products-completed operations hazard". This insurance does not apply to any additional insured scheduled on your policy by separate endorsement 2. Limits of Insurance Limits of insurance for such additional insured are the limits in this coverage form or the limits you and such additional insured agreed to by virtue of a contract or agreement, whichever is less. These limits are inclusive of and are not in addition to the Limits Of Insurance shown in the Declarations. 3. Exclusions A. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of: 1. The rendering of or failure to'render any professional services by you or on your behalf, but only with respect to either or both of the following operations: CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 5 of 6 Office, Inc.with its permission • a. Providing engineering, architectural or surveying services to others in your capacity as an engineer, architect or surveyor; and b. Providing, or hiring independent professionals to provide, engineering, architectural or surveying services in connection with construction work you perform. 2. Subject to Paragraph 3. below, professional services include: a. Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications; and b. Supervisory or inspectionl activities performed as part of any related architectural or engineering activities. 3. Professional services do not include services within construction means, methods, techniques, sequences and procedures employed by you or performed by or for the construction manager, its employees or its subcontractors in connection with your ongoing operations. B. "Bodily injury" or"property damage"occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. 4. Primary Non-Contributory When required by virtue of a written contract or agreement, coverage provided to any additional insured by ADDITIONAL INSURED - OWNERS, LESSEES, CONTRACTORS OR OTHERS - ONGOING OPERATIONS -AUTOMATIC, INCLUDING PRIMARY NON CONTRIBUTORY will be on a primary basis and will not seek contribution from the additional insured's policy. CL CG 00 13 08 13 Includes copyrighted material of Insurance Services Page 6 of 6 Office,Inc.with its permission KIBBLE & PRENTICE A USI COMPANY CERTIFICATE RETURN MAIL PROCESSING P.O. BOX 5007 NOVATO, CA 94948-5007 CITY OF BREMERTON 239 4TH ST BREMERTON WA 98337-1812